[Federal Register Volume 76, Number 110 (Wednesday, June 8, 2011)]
[Rules and Regulations]
[Pages 33152-33154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14132]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0265]
RIN 1625-AA00
Safety Zone; Michigan Bankers Association Fireworks, Lake Huron,
Mackinac Island, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
Captain of the Port Sault Sainte Marie zone. This zone is intended to
restrict vessels from certain portions of water areas within Sector
Sault Sainte Marie Captain of the Port zone, as defined by 33 CFR 3.45-
45. This temporary safety zone is necessary to protect spectators and
vessels from the hazards associated with fireworks displays.
DATES: This rule is effective from 9 p.m. to 11 p.m. on June 23, 2011.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2011-0265 and are available online by going to
http://www.regulations.gov, inserting USCG-2011-0265 in the ``Keyword''
box, and then clicking ``Search''. They are also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email BMC Gregory Ford, Prevention Department,
Coast Guard, Sector Sault Sainte Marie, MI, telephone (906) 635-3222,
email [email protected]. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On April 20, 2011, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone; Michigan Bankers Association Fireworks,
Lake Huron, Mackinac Island, Michigan, in the Federal Register (76 FR
22064). We received 0 public submissions commenting on the proposed
rule. No public meeting was requested, and none was held.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because it would inhibit the Coast Guard from ensuring the safety of
vessels and the public during the fireworks display.
Background and Purpose
From June 21, 2011 through June 24, 2011, the Michigan Bankers
Association's will celebrate its 125th anniversary. The celebration
will take place on and around Mackinac Island. On the evening of June
23, 2011, the celebration will include a fireworks display to be
launched from a water location. The Captain of the Port Sault Sainte
Marie has determined that the fireworks event poses various hazards to
the public, including obstructions to the navigable channel, explosive
dangers associated with fireworks, and debris falling into the water.
To minimize these and other hazards, this rule will establish a
temporary safety zone around the fireworks display.
Discussion of Comments and Changes
The Coast Guard received 0 public submissions commenting on this
rule.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS). We conclude that this rule is not a significant
regulatory action because we anticipate that it will have minimal
impact on the economy, will not interfere with other agencies, will not
adversely alter the budget of any grant or loan recipients, and will
not raise any novel legal or policy issues. The safety zone created by
this rule will be relatively small and enforced for relatively short
time. Also, the safety zone is designed to minimize its impact on
navigable waters. Furthermore, the safety zone has been designed to
allow vessels to transit around it. Thus, restrictions on vessel
movement within that particular area are expected to be minimal. Under
certain conditions, moreover, vessels may still transit through the
safety zone when permitted by the Captain of the Port.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. On April 20, 2011, the Coast Guard published a notice of
proposed
[[Page 33153]]
rulemaking (NPRM) entitled Safety Zone; Michigan Bankers Association
Fireworks, Lake Huron, Mackinac Island, Michigan, in the Federal
Register (76 FR 22064). The Coast Guard received 0 public submissions
commenting on the impact to small entities by this rule. There have
been no changes made to the rule as proposed. This rule would affect
the following entities, some of which might be small entities: the
owners and operators of vessels intending to transit or anchor in the
area of the safety zone while it is being enforced. The safety zone
will be in effect only for a short time. Furthermore, the safety zone
has been designed to allow traffic to pass safely around it. Moreover,
vessels will be allowed to pass through the zone at the discretion of
the Captain of the Port.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism. On April 20, 2011, the Coast Guard published a notice of
proposed rulemaking (NPRM) entitled Safety Zone; Michigan Bankers
Association Fireworks, Lake Huron, Mackinac Island, Michigan, in the
Federal Register (76 FR 22064). The Coast Guard received 0 public
submissions commenting on the proposed rule.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of it elsewhere in this
preamble. On April 20, 2011, the Coast Guard published a notice of
proposed rulemaking (NPRM) entitled Safety Zone; Michigan Bankers
Association Fireworks, Lake Huron, Mackinac Island, Michigan, in the
Federal Register (76 FR 22064). The Coast Guard received 0 public
submissions commenting on the proposed rule. There have been no changes
made to the rule as proposed.
Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights. On April 20, 2011, the Coast Guard published a notice of
proposed rulemaking (NPRM) entitled Safety Zone; Michigan Bankers
Association Fireworks, Lake Huron, Mackinac Island, Michigan, in the
Federal Register (76 FR 22064). The Coast Guard received 0 public
submissions commenting on the proposed rule. There have been no changes
made to the rule as proposed.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden. On April 20, 2011, the Coast
Guard published a notice of proposed rulemaking (NPRM) entitled Safety
Zone; Michigan Bankers Association Fireworks, Lake Huron, Mackinac
Island, Michigan, in the Federal Register (76 FR 22064). The Coast
Guard received 0 public submissions commenting on the proposed rule.
There have been no changes made to the rule as proposed.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children. On April 20, 2011, the Coast Guard
published a notice of proposed rulemaking (NPRM) entitled Safety Zone;
Michigan Bankers Association Fireworks, Lake Huron, Mackinac Island,
Michigan, in the Federal Register (76 FR 22064). The Coast Guard
received 0 public submissions commenting on the proposed rule. There
have been no changes made to the rule as proposed.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes. On April 20, 2011,
the Coast Guard published a notice of proposed rulemaking (NPRM)
entitled Safety Zone; Michigan Bankers Association Fireworks, Lake
Huron, Mackinac Island, Michigan, in the Federal Register (76 FR
22064). The Coast Guard received 0 public submissions commenting on the
proposed rule. There have been no changes made to the rule as proposed.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211. On April 20, 2011, the Coast Guard
published a notice of proposed rulemaking (NPRM) entitled Safety Zone;
Michigan Bankers Association Fireworks, Lake Huron, Mackinac Island,
Michigan, in the Federal Register (76 FR 22064). The Coast Guard
received 0 public submissions commenting on the proposed rule. There
have been no changes made to the rule as proposed.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
[[Page 33154]]
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards. On April 20, 2011,
the Coast Guard published a notice of proposed rulemaking (NPRM)
entitled Safety Zone; Michigan Bankers Association Fireworks, Lake
Huron, Mackinac Island, Michigan, in the Federal Register (76 FR
22064). The Coast Guard received 0 public submissions commenting on the
proposed rule. There have been no changes made to the rule as proposed.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves the establishment of a safety zone.
An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR Part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T09-0265 to read as follows:
Sec. 165.T09-0265 Safety Zone; Michigan Bankers Association
Fireworks, Lake Huron, Mackinac Island, MI.
(a) Location. The following area is a temporary safety zone: all
waters of Lake Huron within a 500-foot radius from the fireworks launch
site, approximately 460 yards south of Biddle Point, at position
45[deg]50'32.82''N, 084[deg]37'03.18''W: [DATUM: NAD 83].
(b) Effective and enforcement period. This regulation is effective
and will be enforced from 9 p.m. until 11 p.m. on June 23, 2011.
(1) The Captain of the Port, Sector Sault Sainte Marie may suspend
at any time the enforcement of the safety zone established under this
section.
(2) The Captain of the Port, Sector Sault Sainte Marie, will notify
the public of the enforcement and suspension of enforcement of the
safety zone established by this section via any means that will provide
as much notice as possible to the public. These means might include
some or all of those listed in 33 CFR 165.7(a). The primary method of
notification, however, will be through Broadcast Notice to Mariners and
local Notice to Mariners.
(c) Definitions. The following definitions apply to this section:
(1) Designated representative means any Coast Guard commissioned,
warrant, or petty officer designated by the Captain of the Port Sault
Sainte Marie to monitor these safety zones, permit entry into these
safety zones, give legally enforceable orders to persons or vessels
within these safety zones, or take other actions authorized by the
Captain of the Port.
(2) Public vessel means a vessel owned, chartered, or operated by
the United States or by a State or political subdivision thereof.
(d) Regulations. (1) The general regulations in 33 CFR 165.23
apply.
(2) All persons and vessels must comply with the instructions of
the Coast Guard Captain of the Port Sault Sainte Marie or a designated
representative. Upon being hailed by the U.S. Coast Guard by siren,
radio, flashing light or other means, the operator of a vessel shall
proceed as directed.
(3) When the safety zone established by this section is being
enforced, all vessels must obtain permission from the Captain of the
Port Sault Sainte Marie or his designated representative to enter, move
within, or exit that safety zone. Vessels and persons granted
permission to enter the safety zone shall obey all lawful orders or
directions of the Captain of the Port or his designated representative.
While within the safety zone, all vessels shall operate at the minimum
speed necessary to maintain a safe course.
(e) Exemption. Public vessels, as defined in paragraph (c) of this
section, are exempt from the requirements in this section.
Dated: May 18, 2011.
G. J. Paitl,
Commander, U.S. Coast Guard, Acting Captain of the Port, Sector Sault
Sainte Marie.
[FR Doc. 2011-14132 Filed 6-7-11; 8:45 am]
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